Legal Opinion

Fraser v. State

Court of Appeals of Georgia

Decided October 31, 1917No. 9148PublishedCited by 3 opinions

Accusation of misdemeanor; from city court of Hinesville— Judge W. C. Hodges. July 17, 1917.

1Opinion of the CourtBiiOODWORTH, J.

1. The defendant had given bond. “He was under no restraint .or constraint by the action of the court,” but was free to go and come at his will. While it is the right’ of the defendant to be present at all stages of his trial, this rule is established for his benefit; and if he voluntarily absents himself from the court-room while the jury is considering his case, he thus waives his right to be present should occasion arise therefor and a mistrial be declared. “Where a defendant who is out' on bail voluntarily absents himself, he can not complain if the trial proceeds or the verdict is…

2Cases cited5 opinions

  1. Barton v. StateSupreme Court of Georgia · 1881
  2. Bagwell v. StateSupreme Court of Georgia · 1907
  3. Robson v. StateSupreme Court of Georgia · 1889
  4. Lovett v. StateSupreme Court of Georgia · 1888
  5. Wilkerson v. StateCourt of Appeals of Georgia · 1914

3Cited by3 opinions

  1. Dutton v. MorrisSupreme Court of Georgia · 1966
  2. Miller v. StateCourt of Appeals of Georgia · 1970
  3. Vicks v. StateCourt of Appeals of Georgia · 1931

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